Karthik v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN KARTHIK ... PETITIONER / ACCUSED 1 Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI TOWN, CR.NO.14/2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/s.YAMUNA R. Advocate For Respondent : Mr.M.VAIKKAM KARUNANITHI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:- TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH THE CASE IN CC.NO.601/2019 IN CR.NO.14/2018 ON THE FILE OF THE LEARNED JUDICIAL MAGISTRATE ADDITIONAL MAHILA COURT, MADURAI.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under Sections 1/4

417, 294(b), 506(1) and 109 of IPC in connection with Non-Bailable Warrant issued in C.C No. 601 of 2019 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai, seeks anticipatory bail.

2.The petitioner was absent during the trial in C.C No. 601 of 2019 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai, Therefore, NonBailable Warrant came to be issued on 15.09.2023. 3.The learned counsel appearing for the petitioner submitted that since A2 died due to heart attack, the petitioner and his mother shifted to Tiruppur for job to eking out his livelihood and therefore, the petitioner could not appear before the learned Judicial Magistrate, Additional Mahila Court, Madurai. In the meantime, NonBailable Warrant was issued against him on 15.09.2023. He further submitted that the act of the petitioner is neither wilful nor wanton and prays for anticipatory bail to the petitioner.

4.The learned Government Advocate(Crl.side) appearing for the State would submit that the petition before this Court is not maintainable, unless he exhaust the remedy available under the Criminal Procedure Code.

5. In view of the above position, the relief available to the petitioner is to surrender before the learned Judicial Magistrate, Additional Mahila Court, Madurai and file a petition under Section 70(2) of Cr.P.C., to recall the Non-Bailable Warrant of 2/4

Arrest issued against him. Therefore, the question of granting anticipatory bail does not at all arise.

6.Considering the fact that the non-bailable warrant is pending against the petitioner, the petitioner is directed to surrender before the trial Court i.e., learned Judicial Magistrate, Additional Mahila Court, Madurai, and file a petition under Section 70(2) of Cr.P.C., to recall the non bailable warrant. On filing of such petition, the learned Judicial Magistrate, Additional Mahila Court, Madurai, is directed to consider the said petition on merits and pass orders on the same day. 7.Accordingly, this Criminal Original Petition is disposed of. sd/- 05/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

RMK TO 1 THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MADURAI TOWN, 3/4

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, +1 CC to M/s.R.YAMUNA, Advocate ( SR-7600[I] dated 08/07/2024 )

ORDER

IN Date :05/07/2024 SA/VR/SAR. /16.07.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4